Supreme Court of India

M/s Sesa Sterlite Ltd. v. Orissa Electricity Regulatory Comm. & Ors.

Neutral citation
Reported as [2014] 13 S.C.R. 426
Bench Surinder Singh Nijjaranda. K. Sikri J.
Decided 25 April 2014

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that on the facts of this case it is not possible for the Appellant to avoid payment of CSS to WESCO. We, therefore, do not find any merit in this Appeal which is accordingly dismissed.

Judgment, page 34

From the headnote

c Electricity Act, 2003 - Enactment of - Object- Payment • of Cross Subsidy Surcharge (CSS) to Distribution company - Rationale - Discussed- Held: CSS is the charge payable by a consumer who opts to avail power supply through open access from someone other than Distribution licensee in whose area it is situated - Such surcharge is meant to compensate such Distribution licensee from the loss of cross subsidy that such Distribution licensee would suffer by reason of the consumer taking supply from someone other than such Distribution licensee. Eh~ctricity Act, 2003- s. 14 -Appellant, a

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